Divorce Questions & Answers

Q: What property should be listed on a asset list for a divorce?

1 Answer | Asked in Divorce for Florida on
Answered on Apr 28, 2016

What the court wants to know is those things which can be divided between the husband and the wife. If he is holding some things for a third party, those items probably don't need to be listed. Ask the clerk of court to be sure.
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Q: If I was under duress and I signed a separation AGR. paying for alimony for life will a judge awad it to her at trial

1 Answer | Asked in Divorce for Puerto Rico on
Answered on Apr 28, 2016

If the agreement was signed under duress, It could be set aside by a court for lack of consent. In P.R., support for an ex spouse is base on necessity. Your ex will have to prove the need for the support.
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Q: I have been divorced for 5 years children are now 14 and 9 they moved to florida in 2012 when will the be emancipated?

1 Answer | Asked in Divorce for New Jersey on
Answered on Apr 28, 2016

The answer pertaining to your son is straight forward, once he is in the military service, he will be emancipated. But since you have a child support order in place you would have to file a motion to emancipate him. The answer for your daughter will be much more fact sensitive. A so called full scholarship will not cover all expenses of college. As a parent, I think you are making assumptions about what your children will do and obtain, that given their current ages, you cannot be certain of...
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Q: Colorado. Will my great grndmthr’s college ed trust fund 4 my 2 college kids b financially considrd n my favor n divorce

1 Answer | Asked in Divorce for Colorado on
Answered on Apr 26, 2016

If the trust is set up for grandchildren as beneficiaries a court would not wonder this to be marital property and it should have no bearing on the division of marital property or funds in the divorce.
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Q: Where can I find a reasonably priced divorce lawyer?

1 Answer | Asked in Divorce for Arkansas on
Answered on Apr 25, 2016

The price of a divorce typically depends on the reasonableness of those getting divorced. The less fighting and more reasonable the client, the more reasonable the price. The more fighting, the higher the price.
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Q: How much time will it take to get divorce if one of the spouses is not willing for divorce?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Apr 25, 2016

That is a very broad question. The dissolution of marriage proceedings can go well beyond a year if there are many issues contested. There is no set time period to quote or by statute to provide to you. Consult with a family law attorney to find out your legal rights and recommended course of action.
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Q: Can I stop my ex who I still live with right now from bringing a dog into this house?

1 Answer | Asked in Animal / Dog Law and Divorce for New Jersey on
Answered on Apr 25, 2016

Since you are both equal owners of the house, there is probably no way to prevent it. Good luck.
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Q: I have remarried. I receive alimony. I live in CO. Am I suppose to inform him and tell him he doesn't pay anymore?

2 Answers | Asked in Divorce for Colorado on
Answered on Apr 22, 2016

You have to file with the court to terminate alimony. The form is short and you will want a copy of your current marriage certificate. After the form is filed with the court, you will need to mail the notice to your ex. Do not cash the check (if you receive one) for the extra payment (I recommend that you make a copy and send the check back with the notice). Here is a link to the forms: http://www.intotolegal.com/upcoming%20Events/Forms.html . Visit your local courthouse for guidance and...
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Q: Verbal agreement (NJ) after written marital settlement agreement (FL). Can I sue for breach of verbal contract in NJ?

1 Answer | Asked in Divorce and Family Law for New Jersey on
Answered on Apr 21, 2016

You are not going to be able to have this answered in anything other than an in person consultation with a full review of all documents. An oral agreement MAY or MAY Not be enforceable. A lot more information is required. Set up an appointment with an experienced matrimonial attorney right away. Good luck.
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Q: Child support if child lives with aunt.

2 Answers | Asked in Divorce and Family Law for Colorado on
Answered on Apr 19, 2016

You will need to seek a modification of the support order. You can contact an attorney or your local courthouse will have resources. You can also contact the child support office. Court personnel cannot provide legal advice, but they can direct you the correct forms.
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Q: Can I be forced to pay child support if I have custody of 1 child and he has the other child? Both children are ours.

1 Answer | Asked in Divorce for North Carolina on
Answered on Apr 19, 2016

Yes. Child support is based on a formula that takes your income, the other parent's income, and a custodial arrangements into account. If you make more money then the other parent, you will owe child support even if you both have custody of one child each. Your child support will be determined under worksheet C, and will be less than the amount it would be if your ex had custody of both children.
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Q: I was divorced in 1988. . Have a noterized.letter from my lawyer ,stating this.. but it is not on records at court..

1 Answer | Asked in Divorce for North Carolina on
Answered on Apr 19, 2016

You need to hire an attorney to determine if you are divorced. This is not the kind of situation you can handle without experienced legal counsel. There are tax consequences, financial liability, even criminal law issues. You need a lawyer.
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Q: I received a civil summons from a North Carolina Court. I live in VA. May I use a VA Attorney to answer the summons?

1 Answer | Asked in Divorce for Virginia on
Answered on Apr 19, 2016

Unless that VA attorney is also licensed in NC, no, you cannot. There may be special interstate rules in NC in some circumstances (I don't know - I'm licensed in VA), but honestly, you will want an attorney who is familiar with the law in the state where the case is located. Good luck.
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Q: If a father gives up child support, does he still have the right to see his child?

1 Answer | Asked in Divorce and Family Law for California on
Answered on Apr 18, 2016

You should repost this in the Texas forum.
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Q: i live in California, how long will it take the judge to sign paperwork and for me to receive my divorce decree?

1 Answer | Asked in Divorce for California on
Answered on Apr 18, 2016

It depends on how complicated your case is. If your case involves minor children or assets or debts to divide, then your case will take longer than if you didn't have children, assets, or debts. It also depends on how crowded or overwhelmed your family court is with cases. In some counties, even easy cases take more than the statutorily-mandated 6 months and 1 day because of budget cuts, limited staff, etc.

Andy
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Q: We want a divorce and are 100% in agreement on all counts. Can we just walk into the courthouse together and file?

1 Answer | Asked in Divorce for California on
Answered on Apr 18, 2016

Your situation where both spouses agree is very common. How to actually file the case will vary. It may be better for one of you to file versus the other, for example. Whether to do an uncontested or a default case will also depend on your situation.

The process (I assume this is what you refer to as the back and forth) is required, but it does not have to be contentious.

Good luck
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Q: I am getting married and my fiance is married but been separated for over 10 years, is he legally divorced without pape?

1 Answer | Asked in Divorce for California on
Answered on Apr 18, 2016

Your fiance is wrong. He isn't divorced until he has a court paper signed by a judge stating that he is restored to the status of a single person. Other wise, your marriage to him will be bigamous and you may not have a lot of the rights that you should have as his spouse.

It doesn't matter whether he can or can't find his wife now. He can still get divorced now, even if she doesn't want him to find her. It is also possible that she got a divorce during the 10 years so your fiance may...
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Q: I was married to an active duty military member for 20 years. Am I entitled to his retirment benefits

1 Answer | Asked in Divorce for Virginia on
Answered on Apr 18, 2016

If it wasn't included in the settlement, I think it may be too late for you to take advantage. Some of this depends on the actual wording of the divorce decree and settlement documents. Contact the attorney you had during the divorce for guidance. If you didn't have one, contact a local divorce attorney who understands how military benefits are affected by divorce. I fear you are out of luck, but I'd certainly be happy to be proved wrong in this instance. Good luck to you.
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Q: My husband bought a house. He signed all mortgage documents as unmarried man. Is it legal? Can I bring criminal charges?

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Georgia on
Answered on Apr 17, 2016

He committed fraud. Contact the mortgage company and they will most likely bring charges if they can.
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Q: Can an employer ask if I have ever been accused of domestic violence, even if I was never arrested or charged?

2 Answers | Asked in Criminal Law, Divorce, Family Law and Employment Law for Georgia on
Answered on Apr 17, 2016

No. If you haven't been arrested and there is no criminal record on your GCIC or anywhere else, who cares what your wife said or did? It's nobody business until the law gets involved.
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